Rethink needed on availability of legal aid

5 July 2017

Commenting on Lord Neuberger's speech published yesterday, Chair
of the Bar Andrew Langdon QC has said that a complete rethink on
the availability and sufficiency of legal aid is needed in order to
prevent excluding those who cannot afford its protection.

In a speech published yesterday, the President of the Supreme
Court analysed what has gone wrong with Legal Aid over the last 20
years. He said,'many people [are faced] with the unedifying choice
of being driven from the courts or having to represent
themselves.'

Explaining that the ever increasing complexity of the law
renders the need for access to legal advice all the greater, Lord
Neuberger pointed out that it'verges on the hypocritical for
governments to bestow rights on citizens while doing very little to
ensure that those rights are enforceable.'

In the end, this is a rule of law issue, he said:'The two
fundamental functions of any government are the defence of the
realm and the maintenance of the rule of law. Historically, these
were the only two functions of government and even today, while
social security, health and education may attract more attention
and more money, they would be of little value if the government
failed to defend the realm or to maintain the rule of law.'

Andrew Langdon QC, Chair of the Bar, said:

"Lord Neuberger's words have added considerable weight to the
concerns voiced by the Bar Council and an increasing number of
legal professionals that the decline of legal aid since 1999 poses
an increasing threat to the rule of law at home.

"There needs to be a complete rethink on the availability and
sufficiency of legal aid to prevent a dislocation of the law from
the very many who cannot afford its protection."